This is our next post in a series of articles addressing the handling of wrongful death cases in Fort Worth, Texas. Our last article provided an overview of the different topics we will be discussing. Grieving family members often do not know what needs to be done to protect their legal right to compensation for their great loss. Our prior article also highlighted the importance of hiring an experienced attorney to help with these serious matters. In this article, we will address how potential defendants are identified in a wrongful death case and the fact that it is possible for a case to involve several defendants. Identifying who may be legally responsible can be a complex process. If you and your family are in need of assistance then contact our office to speak with a wrongful death lawyer as soon as possible. A knowledgeable attorney helps to ensure the family has the best chance of receiving full compensation.
Fort Worth wrongful death cases can involve multiple defendants
More than one person or entity may be legally responsible in a wrongful death case. The responsible party may seem obvious, but there could be parties behind the scenes who also share liability. For instance, if a person was killed in a car accident caused by a commercial vehicle, the driver may be at fault and the driver’s employer may also be held responsible. This is because employers can be held responsible for the actions of their employees when their actions occur within the scope of their employment. Additional parties like maintenance companies could share liability as well if a vehicle was improperly maintained or loaded. A person could be named as a defendant if they owned the vehicle responsible for the accident even if they were not the one driving. This could occur if the owner knew the driver did not have a license or was driving recklessly or under the influence.
Consider this example. A Fort Worth resident is hit by a delivery van and dies from the injuries. The driver was driving under the influence of alcohol. An attorney’s investigation reveals that the delivery company never performed a background check on the driver and ignored previous safety violations during the driver’s employment. Both the driver and the delivery company could be named as defendants in a wrongful death case. In addition to the underlying negligence claims, the employer would also likely face a cause of action for negligent hiring and supervision. While the outcome of any matter will always depend on the facts of the case, this example illustrates how there can be layers of liability in such matters.
It is important to name all potential defendants in such a situation. The victim’s family might not receive the full compensation they deserve if even one responsible party is left out of the litigation. Also, defendants typically have different levels of insurance coverage. One party may be underinsured while another has significant coverage or assets. Failing to identify every potentially liable party could mean leaving substantial compensation, and the ability to actually recover a judgment, on the table. Such compensation could be helpful for families to cover medical expenses, funeral costs, lost income, and emotional distress.
It is important to retain an experienced lawyer to make sure all possible defendants are identified
Identifying liable parties in a wrongful death case requires thorough investigation and an understanding of Texas’s personal injury laws. Most families are not able to do this on their own. An experienced lawyer will take proactive steps to uncover the full picture of who should be named as a defendant. This includes reviewing police reports, accident reconstructions, witness statements, employer records, surveillance footage, and more. Counsel will take steps such as conducting a records search and reviewing filings with the Secretary of State. Also, fictitious defendants can be included when a lawsuit is filed to as a placeholders for individuals or entities who are not yet known, so that they can be added later.
Noteboom – The Law Firm focuses on large scale personal injury cases. We have the experience and qualifications to handle your wrongful death case. We have an on-staff investigator who works closely with our attorneys to gather critical evidence and ensure all defendants are identified. We also have multiple attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization. This credential reflects a high level of experience in personal injury cases. If you have lost a loved one due to someone else’s negligence then contact our office to speak with a Fort Worth wrongful death lawyer today. We serve Fort Worth, Arlington, Dallas, and other areas throughout Texas.